The URL can be used to link to this page

Home My WebLink About04336 ORD - 09/14/1955Ac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gT/ CITY SECRET ARY APPROVED AS TO CITY ATTORNEY ift. DAY OF SEPTEMBER, 1955. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS LEGAL FORM S PTEMBER 1 , 1955: THI ITflfle. casfeated deoliaodat this. tae :ifth day of nalace ,.3 iITS1 The C=f1-eY Ja-onts, solely' on the herein elspreseed ter mo 2a0 conditioas and the undarsizned Licensee, CITY (J CORPUS CERISTI, a municipal carporatiof of the :Ante of Teas., to he addressed at Corpus Christi, Texas, hereby accepts, peraission, enbject to the conditions oet out below, to install, nonhothin, remove, and use, solely for conveying sewage alend or across the rieht of way or other rounds censtitutine o. part of Corr/el:is railroad (hereinafter called "Premise), one certain forty•two inch (42") sewer line in, aion, and across Premiees la Corpus Christi, Uueces County, T.as:an, the centerline of said Pine Line belaf more particularly described as :allows: Entorivr: Pronitcs from the '.:ontheast, at a point in the •s.t lino un Poo &trent, in. Carpus Christi, Onoeno • Canfaty, Tenet; Thence Horthwesteriy, alb:1z the ffortherly ea:e of Rrnaisee, a, distance of approRimateiy 2,093.42 fact, aE shown by dashed yellow line on print attoehed hereto anti made a part hereof or 011 purposet• The license herein iE upon and subject ta the followinc conditions: 1. Licensee shall foraish az do, at Licensee's own cost and responsibility, any and all thin:zs. and when and az from time to time required to accomplish whatsoever the Lea-' attempts or is bound to Co at any tine hereunder. licensee shall adjezt pipe line to confbrm to cry use for which C rrisr or its assiois nbr Carrier's property, and at all times heap upper surfacc of any pipe line roar faat (0) below bottom or rail there- ver. Said thines, includin the time and manner of loin e any work, each shall conform to the requirements o Carrier as well az of any tate, federal, or municipal authoritY. Coxrier slay, actine for Licensee, furnish or do, and Licensee shall pay and beer the cost af, onythine which, herein required o Licensee at any tnims either shall not be furnished or one within thirty (:0) fT[ followinf: Carrierls written roquest therefor, or may be undertaken by Carrier at Licensee's request; 2,11e Linensea, en request, shall, in advance, deposit with Carrier the estiwted east thereof. L depoeit be lees than actual cort, Licensee shall pay diaderence; if more, Carrier shall repay difference. Licensee shall pay and Carrier shall accept One Dollar (4.00) and other valuable conziderations, the receipt of which iz hereby acknowledged, to COVOT the ri,ehts and privileco srarited hereby. :hly other payment shall be made within twenty (20) aays follewiny receipt ef till. Licensee shall pay cost to Corrier for all labor, includinc wastes ef' foremen, l.w 1Q to cover accountiri2:. and supervizion, on0 Carrier's cost price of all materials, f.o.b. Carrier's roils, plus 10:, coaar handlin;:: and accoantin, plus freight at tariff to point of ace. Certain requiramonts of Carrier: (o) The bas-aiall in. b4-e line trench shall, when rinal settlement has. taaan prince, coaforn to the natural :f.round line, and where Shore i5 a,.27 uAtlogiont 012 haolcaill below- the natural J:sound line et any- tine in the futare, the Li will place neces'cory beckfill to cen2nrm to natural pround line. (B) Tha top of pipe line shall be at tear three (3) feet below the natural areux:a line, azcept na otherwise herein restricted; and where erusein.L' drainae courses opposite brides, structures, and/or wipes ni Carrier, pipe line shall be sa placed ana maintained of to offer- no obstruction to the natural flow of water throuJth said Sreinane opentnys as courses. (C) a.sky and ell vorfn tna moteriols, furnished or dono by the Licensee, shall neat with approval of Carrier's Chief Erfincer or his representative, and said TO ahall be done under the supervision 3i said Chief Enaineer or hie representative, aud in accordance nith specifications approved by said Chief 2nolnect or hlo roproonto,tive. 2. aC-211E:3G oLrees te :2ei'3 hold harmless the Carrier from ell 1itLLt, daance, and el:penes:, inaindiran attorneyta fees and costs, which Carrier Icay incur or suffer, caused by or incident to, the installation, removal, maintenance, existence or use of pipe line. 3. The torm hereof shell bezin with the 29th day of July 1955 nal4 continue thereafter indefinitely ac Las as Licensee shall perform all covenants hereof and shall reasonably need in its buciness the permiesion frented hereby and shall not abandon . said pipe line; provided, however, en abandonment or f:bilmrs to use•lass than all of said pipe line shall operate as a termination L the perfassion heroin :sivon insefor as, the abandoned OY urood portion is concerned. In the event Licensee shall not install said pipe line within six (6) months from the date hereof, or shall fail to perform the covenants hereof, or shall not reasona'nly need in it business the permission zrented hereby, or shall aLendon the said pipe line, the term hereof nay be torminded by expiration of thirty (30) days followine servine-., by Carrier sn. Licensee, of written notice of intention to end term hereof.. Torn heroof-msy also bc concluded by expiration of thirty (30) days fo11owin„2 servin, by iicensee m Carrier am vice Aor,su of written notice_ of intention to end term hereof. nny notice of Carrier :shall be deemed served when deposited, postna. prepaid, in United lltatas Registered :1-Lai1, addressed as aforesaid. 4, Upoo torninatien of the permission herein tiven as hereinbefore provided, Licenses shall, vithin three (3) donths from the date of such termination, ranee pipe line ref restore premises to condition prior to installotiou of pipe line. Any of plpe lino not E0 removed within Eaid three (3) mouths at Carrier's election without notice, be deemed abandoned to Carrier. Tho co-.7onant her,Ao containod ehr11 cinch ond inure to the 3!):C tho -poxtio hen:A°, thoir oucceFore and urvix. but no rizht -2. of Licensee shall be sublet, trenererred, or °eeignetl, in whole or in part, voluntarily er ievoluntariiy, without the prior written consent of Carrier. ?. The grant by Carrier i; limited to its eetate in the land involved, and no waer -enty ie intended and no damages eha1l be recoverable from Carrier because of any dieposeeeeion of Liceneee. Liceneee hereby waives all right to claim damages of Carrier in the event Liceneee eha11 be required to surrender Doseession of any of said real eetate, or to pay to any person claiming any right, title or interest in any of said real eetate, or to pay to any hereon claiming any right, title, or interest in any of said real eetate, rental for Licensee's use and occupancy of euch real estate a. eite for pipe line or any part thereof; provided any euch payment to any third party eo required of Licensee shall not in any manner or to any extent operate to require Carrier to return or repay any sum which ie provided to be made to Carrier under this agreement. 7. 3 :n 2:ntonio, Uvalde & Gulf. P ilreed Company, .pursuant to Section 77 of the Bnnkeuptcy Act, approved March 3, 1933, ie now in process of reorianization and ie being operated by the undersigned Trustee under juriediction of the United Ctatee District Court, Eastern Division, Eastern District of Miesouri, and, upon the date that ownership or control of the railway and property of eaid railway company by said 'iruetee or his eucceeeor trustee or trustees, shall cease, this agreement shall ipeo facto terminate, unlese, pureuaut to the decree of said court, said agreement shall be continued in effect by the party succeeding to such ownership or control. GUY A. THIAP Gig, TF.UTEE, SAN ANTONIO, MAIM & GULP RAILROAD COMPANY, ATTEST: DEBTOR By Secretary for Trustee Director of Ius riai Development — HTE T: C _t 'ecretary :'eal) CITY OF CORPUS CHRIE'TI BY APPa0'-I_J] f : '1'G 1FGRX: ;.211.0',720: Cher il - ttorney. jeFictant Chief :freer =PR ; : ?PROVED: Traffic liana, er Form 6637 -1' ' RESOLUTION BE IT RESOLVED, by the City Council a municipal corporation of the State of Texas, that of the city of Corpus Christi., laid corporation's MJ I , be and he is hereby duly authorized and fully empowered to enter into and execute, for and in the name of said corporation, one certain written agreement, dated :gtI , between said corporation and Antonio, 26, 1955, Guy A. Tli ,Eon, Trustee, San ntonio, Uvalde & Gulf Railroad Cx azey, Debtor herein called Carrier, respecting among certain things the construction, ovnerehip, maintenance, and use of one (1) certain forty.+two inch (42") sever line in, along, upon, and across Carrier's Pr'emiece in Carpus Christi, Nuecee County, Ted, all as more particularly set out in said agreement, to which reference is made the same as if fully set out herein." a I' , as Cit Secretary above an oregomg Is a rue co y approved of said corporation, do hereby certify that the Py o e e tion duly passed, approved and adopted, as by law prescribed, by and on be- half of said corporation by its City Council an ,19 55. IN TESTIMONY WHEREOF, witness my seal and signature hereto affixed 19 - f 1953. (AFFIX SEAL) City Secretary. CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE C I lY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; 1955 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL. BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE-OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL: I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER PULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL 0. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO T+ -